HIV – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Six Members of the HIV/AIDS Council Resign in Frustration https://legacy.lawstreetmedia.com/blogs/politics-blog/hiv-aids-council-resign/ https://legacy.lawstreetmedia.com/blogs/politics-blog/hiv-aids-council-resign/#respond Tue, 20 Jun 2017 18:42:56 +0000 https://lawstreetmedia.com/?p=61542

And after 150 days Trump hasn't appointed a leader for the White House Office of National AIDS Policy.

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Image Courtesy of Tim Evanson: License (CC BY-SA 2.0).

Six members of the Presidential Advisory Council on HIV/AIDS have resigned in frustration with the Trump’s Administration’s apparent lack of interest in “the on-going HIV/AIDS epidemic.”

Since its creation in 1995, the council has sought to craft national policy on the disease, prevent its spread, and promote effective treatment as a cure is developed, according to U.S. News and World Report.

The members of the council who quit began becoming concerned during the 2016 presidential campaign when the Trump team showed little interest in meeting with advocates for those struggling to survive the disease. At that point, while the council noted the Trump camp’s disinterest, they clung to the hope that he could be engaged on the issue once in office, according to U.S. News and World Report.

Things escalated when the White House site “Office of National AIDS Policy” was removed during Trump’s inauguration, said Scott Schoettes, a member of the council since 2014.

The final misstep was when the new American Healthcare Act was passed by the Republican-majority House of Representatives, despite pleas from marginalized communities that it would have disastrous impacts, especially for those with HIV/AIDS.

New HIV infections in America declined 18 percent between 2008 and 2014, according to estimates from the Center for Disease Control. The council worked with the previous administration to create the new healthcare system that provided easier access to diagnosis and treatment. Those who quit the council felt that the new GOP bill would take that away.

Schoettes, and his peers, wanted to provide input for the council, but said that they could no longer stand idly by as the Trump Administration ignored their recommendations. Schoettes wrote in a guest column for Newsweek announcing the resignations:

The Trump Administration has no strategy to address the on-going HIV/AIDS epidemic, seeks zero input from experts to formulate HIV policy, and — most concerning — pushes legislation that will harm people living with HIV and halt or reverse important gains made in the fight against this disease.

Trump has still not appointed anyone to head the White House Office of National AIDS Policy after 150 days, while former President Barack Obama appointed a leader after only 36 days. Schoettes penned the column, but it was cosigned by his partners in resignation Lucy Bradley-Springer, Gina Brown, Ulysses W. Burley III, Grissel Granados, and Michelle Ogle.

While the council can have up to 25 members, it currently has only 15. The council last met in March, at which point the members wrote a letter to Health and Human Services Secretary Tom Price expressing concern about the repeal of the American Healthcare Act and the impact it would have on access to HIV/AIDS treatment. Price responded with an uninspiring, “perfunctory” response, according to Schoettes, which further frustrated the council.

Still, Schoettes says he and his colleagues have a desire to help the community they have worked with for many years. They don’t foresee Trump mustering any more interest than he has shown, but they hope other politicians find it necessary to work on a serious public health issue. The column finished:

We hope the members of Congress who have the power to affect healthcare reform will engage with us and other advocates in a way that the Trump Administration apparently will not.

Josh Schmidt
Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

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Russia Faces AIDS Epidemic, Government Blames Moral Lapses https://legacy.lawstreetmedia.com/blogs/world-blogs/russia-faces-aids-epidemic-government-blames-moral-lapses/ https://legacy.lawstreetmedia.com/blogs/world-blogs/russia-faces-aids-epidemic-government-blames-moral-lapses/#respond Wed, 07 Sep 2016 17:50:55 +0000 http://lawstreetmedia.com/?p=55334

This is a big problem for Russia.

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"Moscow, Russia (Film Scan)" courtesy of [Thomas Depenbusch via Flickr]

With 1 million confirmed cases, Russia is experiencing an HIV/AIDS epidemic, and it seems like no one knows how to handle it. The response from the Russian government is conservative and prejudiced, and puts blame on the affected people for lacking morals.

Rising Epidemic

According to a UNAIDS report from July 2016, Eastern Europe and central Asia make up the only region in the world where AIDS continues to rise rapidly. More than 80 percent of new cases in that region were in Russia. Even though the majority of cases affect key populations, such as drug users and gay men, it also spreads quickly through the rest of the population, especially heterosexual women, because condoms are somewhat difficult to come by.

“Condoms have practically been banned because they lead to people having sex, and sex is risky,” said Dr. Orlova-Morozova, head of Moscow Regional Hospital’s AIDS department, to ABC. The hospital currently has 38,000 patients with HIV or AIDS. He said that there is not enough money for medicine, so they have to choose who to treat and turn away many.

Rejected by Society

This view on HIV/AIDS is so conservative and biased it is hard to believe. A poster on the hospital wall where Dr. Orlova-Morozova works says: “The majority of cases of HIV/AIDS are due to the weaknesses and improper behavior on behalf of the infected person.” People who are HIV positive often lose their jobs, their friends, and are pushed out from society.

Under President Putin’s rule, life in Russia has shifted back toward a moral standard that was commonplace during the Soviet Union era, and religious leaders have a lot of influence. The approach commonly adopted is ‘Family, fidelity and faith.’ According to LaSky, an outreach organization for gay men in Moscow, there was a “scientific” paper at a recent AIDS convention that was called “How prayer can cure HIV.”

The government has banned sex education in schools and it is punishable by law to even mention sex or AIDS to children under 15 years of age if you’re a teacher. It is estimated that over half of the HIV cases in Russia are spread via intravenous drug use. But despite the fact that methadone treatment is the most successful way of treating drug addiction according to WHO, methadone therapy has been illegal since Putin came to power. There is also no way to hand out sterile needles.

Distrust of the Government

The hospitals can’t even help everyone they would want to–people with foreign citizenships living in Russia are not entitled to free medical help. A man that ABC talked to, called Sasha, was born in Uzbekistan but lived in Moscow when he discovered he was HIV positive. To get free care he would have to go back home, where homosexuality is illegal. He can’t even work to make his own money for treatment, since he would have to prove he’s HIV-free to get a job in Russia.

Social worker Maksim Malyshev thinks it is the government’s attitude that is the problem.

In my view, the problem of HIV infection in Russia exists because the people whose job it is to find ways of preventing HIV in Russia are doing a crap job. They are living in some kind of fantasy world of their own, and they have no desire to listen about science-based methods and to the specialists who are working on this problem.

Evgeny Sorokoumov, project manager for LaSky, agrees, saying, “Putin wants to show the world that our country is strong. No one needs us. We can just die.”

The UNAIDS report concludes by stating that changes in behavior, comprehensive sex education, and distribution of condoms are important measures to prevent any further spread of HIV. But in Russia’s case, it seems to be the will that is lacking, not just the way.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Eat (RED): The HIV/AIDS Event That No One Has Noticed? https://legacy.lawstreetmedia.com/blogs/culture-blog/eat-red-hivaids-event-no-one-noticed/ https://legacy.lawstreetmedia.com/blogs/culture-blog/eat-red-hivaids-event-no-one-noticed/#respond Fri, 10 Jun 2016 15:56:10 +0000 http://lawstreetmedia.com/?p=53021

How is the campaign going?

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Image courtesy of [Jonathan McIntosh via Flickr]

Since its inception in 2006, the (RED) campaign has reached across industries to create (RED) products, the sales of which go directly toward funding anti-retroviral treatments. This month, (RED) is launching a new initiative called Eat (RED) that utilizes the tagline “86 AIDS.” Eat (RED) involves cooking lessons via Snapchat, an Instagram contest and partnerships with celebrity chefs such as Mario Batalli. The (RED) campaign is looking to engage restaurants, bars, and food trucks in its fundraising drive–whether that engagement will involve drawing attention to HIV/AIDS or donating percentages of certain meals is yet to be determined.

Eat (RED) is an interesting concept, but it is being rolled out as a special event that will last only one month as opposed to a lasting campaign. Whereas (RED) products such as clothing, accessories and headphones have longevity and have continued production over several years, Eat (RED) is a one-off.

Partnering with local restaurants has long been a smart move for regional charities and causes–profit sharing is common practice for several restaurants. Buy a given meal at a given restaurant on a given night and 15 percent of the sale will go to the charity the restaurant has partnered with. However, Eat (RED) has not chosen to center itself on a given city or even a certain group of restaurants.

It is admirable to be open to partners from all over the world but the relaxed nature of the Eat (RED) partnership may be actually hindering the efficacy of the campaign. Eat (RED) asks restauranteurs to contact the (RED) organization if they want to participate but only a handful of restaurants have decided to join in thus far. This does not mean that the (RED) campaign hasn’t attempted to recruit more partners but a restaurant’s participation in the Eat (RED) campaign is essentially dependent on whether they are on the mailing list for the (RED) campaign or happen to come across the Instagram contest on social media. The restaurants that are participating in the campaign have not necessarily been promoting it actively, so there is no following being built on social media platforms that would alert other restaurants to the campaign’s existence. Eat (RED) is an excellent idea, but its execution seems to be falling flat as we move closer to the end of June.

Consider a different color–orange. Last month, on National Gun Violence Awareness Day, groups like Everytown for Gun Safety set out to turn America orange, encouraging people to wear orange, alter their photos to have an orange filter on social media, and even light up buildings with an orange glow. The event was a success largely because it was organized on a local level. Small rallies at transport stations, parks and other public meeting places were compounded into thousands of participants in the day of awareness across the country. Eat (RED) is working for a different cause, with a different set of resources at its disposal, but it should consider taking a page out of Everytown’s book. Eat (RED)’s Instagram contest may reach the same popularity as Everytown’s orange profile pictures but unless money is being spent, the Eat (RED) campaign may never gain ground as a fundraising campaigns. Organizing small, local events can be much more effective than issuing a blanket invite, therefore Eat (RED) could look to partner with a few restaurants at a time in a single city rather than launching a national campaign. New York and DC already have a Restaurant Week, so why not a (RED) Restaurant Week? The campaign could receive more donations and reach more people if it tackles one city at a time.

Jillian Sequeira
Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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Charlie Sheen Announces He’s HIV Positive on Today Show https://legacy.lawstreetmedia.com/news/charlie-sheen-announces-hes-hiv-positive-today-show/ https://legacy.lawstreetmedia.com/news/charlie-sheen-announces-hes-hiv-positive-today-show/#respond Tue, 17 Nov 2015 21:02:51 +0000 http://lawstreetmedia.com/?p=49123

Losing millions in shakedowns led the actor to finally reclaim his freedom.

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Image Courtesy of [Joella Marano via Flickr]

Charlie Sheen announced Tuesday during an exclusive interview with “Today Show’s” Matt Lauer that he is HIV positive and has been living with the virus for the past four years.

The disclosure comes after several reports Monday speculated that the former “Two And a Half Men” and “Anger Management” star was set to disclose his HIV positive status after issuing a statement saying he would be “revealing a personal announcement” on Tuesday’s “Today.” During the interview with Lauer, Sheen said,

I have to put a stop to this onslaught, this barrage of attacks and of sub-truths and very harmful and mercurial stories that are about me, threatening the health of so many others that couldn’t be further from the truth.

Sheen was incredibly candid with Lauer, revealing that over the past four years he has paid upwards of $10 million to keep his illness a secret. Some of the individuals extorting him included prostitutes within his inner circle whom he hired for companionship during periods of depression. According to Sheen, one of these prostitutes even took photos of his anti-viral medication in his bathroom and threatened to sell it to the tabloids.

By announcing his status to the world, Sheen hopes to “claim back his freedom” and put his partying days behind him. In part of an open letter written by Sheen he declared,

I accept this condition not as a curse or scourge, but rather as an opportunity and a challenge. An opportunity to help others. A challenge to better myself.

Sheen received his HIV diagnosis after he sought treatment for a three-day cluster of “crushing headaches” he believed were signs of a brain tumor. Despite his diagnosis, his physician Dr. Robert Huizenga affirmed that the actor does not have AIDS, which is the advanced stage of the infection during which a person’s immune system is too weak to fight off many illnesses.

The revelation over the actor’s illness has many concerned that his history of reckless drug and alcohol abuse, combined with his highly-publicized sexual promiscuity, could have led him to carelessly infect others with the disease. Sheen, however, sees this possibility as “impossible.” He did admit to having unprotected sex with two people since the diagnosis, but insisted that both were informed ahead of time and have been under the care of his doctor.

His ex-wives Denise Richards and Brooke Mueller were both notified of his diagnosis when he found out. Now the actor plans to move forward by cleaning up his act and helping others. According to Sheen, his future will be one dedicated to philanthropy, saying,

My philanthropic days are ahead of me. Ernest Hemingway once wrote, ‘Courage is grace under pressure.’ I’ve served my time under pressure; I now embrace the courage, and the grace.

Watch Sheen’s Full Interview Below

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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HIV Clinic Accidentally Releases Identities of Hundreds of its Patients https://legacy.lawstreetmedia.com/news/hiv-clinic-accidentally-releases-identities-hundreds-patients/ https://legacy.lawstreetmedia.com/news/hiv-clinic-accidentally-releases-identities-hundreds-patients/#respond Thu, 03 Sep 2015 14:20:00 +0000 http://lawstreetmedia.wpengine.com/?p=47574

A huge mistake for this clinic.

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A top HIV Clinic in London is apologizing big time Wednesday after it accidentally violated the privacy of nearly 800 of its patients by revealing their HIV positive statuses thanks to an embarrassing email error.

The mishap occurred Tuesday, when an undisclosed 56 Dean Street employee sent out an email newsletter intended for people using its HIV and other sexual health services, but forgot to hide the contact list–therefore revealing the identity of almost 800 patients affiliated with the establishment.

Realizing what had happened, the clinic quickly sent out an email apology within hours to its patients courtesy of Dr Alan McOwan, Chelsea and Westminster hospital NHS trust’s director for sexual health.

The email read:

I’m writing to apologise to you. This morning at around 11.30am we sent you the latest edition of Option E newsletter. This is normally sent to individuals on an individual basis, but unfortunately we sent out today’s email to a group of email addresses. We apologise for this error. We recalled/deleted the email as soon as we realised what had happened. If it is still in your inbox please delete it immediately. Clearly this is completely unacceptable. We are urgently investigating how this has happened and I promise you that we will take steps to ensure it never happens again. We will send you the outcome of the investigation.”

When later interviewed by a London reporter, Dr. McOwan also had this video message for the public.

However, demanding that people immediately delete an email that they may or may not have already seen because it contains things they shouldn’t see has exactly the opposite desired effect–it only calls more attention to the damning material.

Case in point, one anonymous patient of 56 Dean St, whose boyfriend also received the email, told Buzzfeed that when he received the email he was outraged. He then said,

I thought it was disgusting that I was seeing a massive list of their patients. It’s not difficult to deduce the HIV status of every single one of those people. So I have their full names, their email address. I could easily put any of those details into Facebook and bring up pictures and personal details.

He went on to add,

There were people on there I recognised. It made me uncomfortable for them and for myself that I’m finding out information that they may not have wanted me to know.

Despite the nature of the email, the clinic has noted numerous times that not all of the recipients of the email were necessarily HIV-positive, but in effect having their names associated with the breach unavoidably associates them with the disease.

A 56 Dean Street spokesman told the Guardian that the breach boils down to a “human mistake” and that the employee responsible was distraught. Health Secretary Jeremy Hunt has also ordered an inquiry into the incident. While this very well may have been a mistake and the person responsible may feel bad about it, that doesn’t make up for this horrible breach of doctor patient confidentiality. He or she should also be immediately ordered to install Google’s new “undo-send” feature, in the hopes of preventing a breach like this moving forward. Technology certainly makes treating patients easier, but it also can mean a more careful hand is needed when handling sensitive information.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Cuba Becomes First Country to Eliminate Mother-to-Child Transmission of HIV and Syphilis https://legacy.lawstreetmedia.com/news/cuba-first-country-eliminate-mother-child-transmission-hiv-syphilis/ https://legacy.lawstreetmedia.com/news/cuba-first-country-eliminate-mother-child-transmission-hiv-syphilis/#respond Tue, 07 Jul 2015 13:00:03 +0000 http://lawstreetmedia.wpengine.com/?p=44487

Good news as the Cuban-American relationship continues to open.

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Image courtesy of [Heather Aitken via Flickr]

The World Health Organization (WHO) recently announced that Cuba is the first county in the world to eliminate mother-to-child transmission of HIV and syphilis.

“Eliminating transmission of a virus is one of the greatest public health achievements possible,” Dr. Margaret Chan, the WHO director-general, said in a Tuesday press release. “This is a major victory in our long fight against HIV and sexually transmitted infections, and an important step towards having an AIDS-free generation.”

Preventive treatment for mother-to-child transmission of HIV and syphilis is not 100 percent effective, so the WHO defines elimination as a reduction of transmission to a level that it no longer constitutes a public health problem. So the country must demonstrate that it has seen less than 50 infections from this particular route of transmission per 100,000 live births for at least one year. Cuba has surpassed those requirements. In 2013, only two babies were born with HIV and five with syphilis. Officials claim that this recent milestone shows that an end to the AIDS epidemic is possible, and that they expect more countries to seek validation from the WHO.

There are 16 million women worldwide who are living with HIV, and each year, about 1.4 million of them will get pregnant. The risk of passing the virus to the child is only around 1 percent if anti-HIV drugs are provided during phases of potential infection, which span through the pregnancy until breastfeeding. However if completely untreated, the risks are much greater, with a 45 percent chance of the child being infected during one of the pregnancy stages. Even though syphilis does not receive as much attention, infection during pregnancy and the absence of antibiotics can lead to stillbirth or neonatal death.

In order to reduce the mother-to-child transmission rate, the WHO and Pan American Health Organization began to work with Cuba and other countries back in 2010. The initiative worked to improve testing and treatment for these infections, caesarian deliveries, prenatal care, and breastfeeding substitutes. Some of their services also include prenatal care. Maternal and child health programs are integrated with HIV and STD programs. Similar services, which are a part of Cuba’s universal health system, are being implemented in a number of other countries to help work toward the global target of less than 40,000 new infections annually.

Worldwide, the number of children born with HIV dropped to 240,000 in 2013 from 400,000 in 2009, the WHO reported. In order to reach the target of no more than 40,000 new child infections in 2015, officials say more efforts will be needed around the world. But while Cuba may have been the first country to receive the WHO validation, that does not mean other countries have not reach elimination status. According to the Pan American Health Organization’s Director Carissa Etienne, it’s likely that the U.S. and Canada have already eliminated mother-to-child transmission of both of these infections, but haven’t sought validation.

So what do Cuba’s recent medical advances mean for the United States now that a relationship has been formed?

Cuba has one of the most advanced medical biotechnology industries in the world and invests heavily in the production of new treatments and medications. The Cuban biotech industry is said to hold around 1,200 international patients, and markets pharmaceutical products and vaccines in more than 50 countries–but not in the United States. For the 26 million people in the United States who have diabetes and the 80,000 Americans who suffer from diabetics amputations a year, this has significance. Because of the government’s continuous funding, Cuba has developed a safe and effective medication that reduces the risk of amputation by 78 percent.

This is just one example of how Americans can benefit from all of Cuba’s medical advances. Cuba’s medical prowess is impressive–eliminating HIV and syphilis transmissions are just one example of its potential. Even with the new relationship recently announced, Cuba and the United States have a lot of work to do to improve their relationship. But hopefully this new relationship will encourage Cuba to share its medical advances, and improve health worldwide.

Angel Idowu
Angel Idowu is a member of the Beloit College Class of 2016 and was a Law Street Media Fellow for the Summer of 2015. Contact Angel at staff@LawStreetMedia.com.

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State of the World’s Orphans https://legacy.lawstreetmedia.com/issues/world/state-of-the-worlds-orphans/ https://legacy.lawstreetmedia.com/issues/world/state-of-the-worlds-orphans/#comments Mon, 11 May 2015 17:20:17 +0000 http://lawstreetmedia.wpengine.com/?p=36091

Worldwide Orphans is working to transform the lives of orphaned children across the globe. Find out more here.

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Image courtesy of [Worldwide Orphans]
Sponsored Content

 

According to UNICEF, 140 million children around the globe have lost one or both parents. These children are classified as “orphans.” While there are many reasons that children can become orphans, it is a global problem that affects a wide range of nations. Read on for a spotlight on some of the particular nations and regions that have the most orphans, and what is being done to help those children in need.


Sub-Saharan Africa

Sub-Saharan Africa is home to many orphans. Although sub-Saharan Africa is a large region, its nations share some of the same problems. The onset of the HIV/AIDS epidemic in sub-Saharan Africa began in the 1970s, and continued at high levels in the 1980s. In addition to HIV/AIDS, other diseases such as malaria and TB, and war and conflict in some states have left some 52 million of sub-Saharan Africa’s children without one or both parents.

In 2015 in sub-Saharan Africa, it was estimated by UNICEF that about 11 percent of children under 18 were orphans. Many of those children became orphans as a result of the HIV/AIDS crisis in the region. According to Nancy E. Lindborg, assistant administrator for Democracy, Conflict, and Humanitarian Assistance at USAID, 15 million children in sub-Saharan Africa have lost their parents specifically to the disease in 2014. However, as frequent as it is that children are orphaned because their parents die of HIV/AIDS, there are also other factors that leave them in non-parental care. For instance, high poverty rates can lead to the abandonment of children, particularly in rural areas or if the parents are migrant workers and unable to take their children to different locations with ease. Other diseases, such as malaria, can also play a role. While sub-Saharan Africa is a huge region and not all the issues faced by one country would be faced by another, these are common threads that many sub-Saharan nations experience.

Spotlight: Ethiopia 

Ethiopia, located in the horn of Africa, has a population of more than 90 million people. According to UNICEF, over four million of that population is made up of orphaned children. Just under one million are children who have been orphaned as a result of HIV/AIDS.

Addressing those health concerns is paramount to stopping the rising orphan levels in Ethiopia. Health care should be provided to ill parents to prevent mother to child transmission and to ensure that they can care for their children as long as possible. Children should benefit from access to quality health care, especially if they are HIV positive themselves.

A focus on community and capacity building ensures that healthcare facilities will be functioning institutions now and in the future. Healthcare professionals need to be trained within the country, and healthcare centers need to be available in villages and local communities. Recently, there has been a focus on a cycle of health care that can sustain itself. As Worldwide Orphans, the first group to bring HIV/AIDS drugs to orphans in Ethiopia, explained about its process:

Doctors, nurses and other healthcare professionals needed to be trained and mentored by experts in the treatment and ongoing care of children with HIV/AIDS. And so, WWO recruited an extraordinary team of pediatric AIDS specialists from Columbia University to work side by side with in-country professionals, examine and test each child, decide upon treatment, and consult on follow-up care. Seminars were held, with all materials translated into the country’s language. As a result, more than 400 healthcare professionals have been trained and taken their learning back to villages, towns, and cities across their countries.

This kind of community building can also be applied to education and development activities.

 


Eastern Europe

Eastern Europe’s experience at the end of the twentieth century was characterized by war, turmoil, and poverty. Even Eastern European nations that had rather advanced and progressive social services practices–such as the former Yugoslavia–were devastated by the infighting after the breakup of the Soviet Union and forced to revert back to a reliance on orphanages. As those institutions were often underfunded, overcrowded, and lacking appropriate resources, they didn’t help children to grow and thrive. While many Eastern European countries are moving toward shutting down these institutions, there is still much work to be done to ensure that children in these nations receive adequate support.

Spotlight: Bulgaria 

Bulgaria’s orphan population is high, at an estimated 94,000 in 2009. While the vast majority of these children are “social orphans,” meaning their parents are alive but unable to care for them or have abandoned them, they still require the same support and resources as children who have lost one or both parents.

For a long time, Bulgaria’s many orphans were kept in orphanages, which by their nature often are only able to provide a few staff members to care for large groups of children. For young children, this can be particularly damaging, as they don’t get the attention and nurture that they need. Studies show that for every three months in institutionalized care, infants and toddlers lose about one month of developmental growth. As a result of these concerns about orphanages, Bulgaria announced in 2010 that it would be moving toward de-institutionalization. The country hopes to close all orphanages by 2025. The Bulgarian government is looking to implement a model similar to what we see in the United States, where the focus is on placing children in foster families, kinship care, or small group homes. Dr. Jane Aronson, founder of Worldwide Orphans, described this process in 2011:

They have already done the first level of developmental screening of the most complex children and now they will go deeper into the psycho-social and family issues of these children. Their goals are reuniting the children with their families, closing large institutions, group home assignments and foster care.

This strategic plan will then be used for the orphanages for healthy children.

Many orphans in Bulgaria, and other parts of Eastern Europe, are Roma. Traditionally the Roma, or Romani people, have been oppressed and discriminated against throughout Europe. Due to that cycle, many Roma children become “social orphans” and are left in institutions. Recent estimates indicate that approximately 60-80 percent of children in orphanages are from the Roma minority who represent only four percent of the Bulgarian population. In addition, a 2011 study by the Helsinki Committee found that up to 50 percent of Bulgaria’s orphans are of Roma descent. Empowering this community and providing educational resources to these vulnerable children will help break the cycle of poverty and abandonment.


Latin America and the Caribbean

The country facing a large-scale orphan crisis in the Caribbean and Latin America is Haiti, particularly in light of the devastating earthquake that happened in January 2010. Nevertheless, there are a significant number of orphans in the region. While UNICEF reports 340,000 orphans in Haiti alone, there are many others in the region who have their own unique obstacles to overcome. UNICEF in 2013 put the number in the region at just over 8.4 million.

Spotlight: Haiti

Most estimates prior to the 2010 earthquake, including those from Worldwide Orphans, put the number of orphans in Haiti at over 400,000. While those numbers are now around 340,000, Haiti sees many of the issues similar to those in Ethiopia and Bulgaria, including intergenerational poverty and HIV/AIDS infection. UNICEF estimates the number of children orphaned in Haiti due specifically to HIV/AIDS at 100,000.

Due to the 2010 earthquake and the subsequent destruction of significant portions of the infrastructure, addressing the orphan issue effectively and efficiently in Haiti has been very challenging. Furthermore, even before the disaster, educational opportunities and jobs were hard to come by. Providing orphaned young people with skills and opportunity will help them to be resilient, by extension improve their communities, and hopefully break the intergenerational cycle of poverty. As Worldwide Orphans explains about its “Haitians Helping Haitians” program,

The youth training model has been replicated in a hospital in Port-au-Prince, where young adults are trained to work with babies and infants who have been abandoned at the hospital. This model provides them with much needed income, job skills and a chance to build self-esteem and positively contribute to their own community. Whether playing with infants and toddlers in the WWO Toy Library, or serving up arts and crafts, nature, performing arts, life skills, education, teambuilding activities at camp and in after-school programming, WWO’s youth corps of trainees are not only providing valuable enrichment to children suffering from chronic disease and the emotional scars of abandonment, they are building their own skills in child development which will serve them in future employment and in their own journeys into parenthood.

By providing children with resources to help themselves and their communities, Haiti will be better positioned to rebuild a nation that is still feeling the effects of such a devastating natural disaster.


Conclusion

Currently there are 140 million orphans worldwide. Most orphans are “social orphans” and likely have identifiable families–if there is the social infrastructure to find them. Unfortunately, in developing nations, there are so many orphans and very limited financial resources to reintegrate and reunite families.  Nations like Ethiopia, Bulgaria, and Haiti each demonstrate how issues of poverty, disease and conflict impact children in different cultures. However, it is important to remember that these problems are not necessarily unique. Virtually all across the world, children lose parents to disease (HIV, Malaria, etc) conflict and war, poverty, natural disasters and experience trauma that impacts their development. There’s no such thing as a one-size-fits-all approach to preventing orphaning. Instead, a combination of approaches, including early intervention, community capacity building, de-institutionalization, establishment of group homes and foster care, and other critical psychosocial support programming, like the work that Worldwide Orphans undertakes, needs to be implemented to ensure that every child grows up safe, independent, and healthy.


Resources

Primary

UNICEF: Ethiopia

UNICEF: Bulgaria

UNICEF: Haiti

UNICEF: State of the World’s Children 2015

Additional

Food, Nutrition and Agriculture: Orphans and the Impact of HIV/AIDS in Sub-Saharan Africa 

Borgen Magazine: House Subcommittee Discusses African Orphans

Worldwide Orphans: Ethiopia

Worldwide Orphans: Capacity/Community Building

Medwire: Bulgaria Special Report: Children Continue to be Neglected Due to ‘False Reforms’

NIH: Neurodevelopmental Effects of Early Deprivation in Post-Institutionalized Children

Worldwide Orphans: Bulgaria 

Huffington Post: Bulgaria: Changing Orphans’ Lives

EU Business: Abandoned Roma Children Fill Europe’s Orphanages

Children and Youth in History: UNICEF Data on Orphans by Region

Worldwide Orphans: Haiti

SOS Children’s Villages: Children’s Statistics

 

Worldwide Orphans
Worldwide Orphans is dedicated to transforming the lives of orphaned children to help them become healthy, independent, productive members of their communities and the world, by addressing their physical and mental health, education, and ability to achieve. WWO was founded in 1997 by Dr. Jane Aronson, who has dedicated her life to working with children. Worldwide Orphans is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

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Defining Orphans: The World’s Most Vulnerable Children https://legacy.lawstreetmedia.com/issues/world/defining-orphans-the-worlds-most-vulnerable-children/ https://legacy.lawstreetmedia.com/issues/world/defining-orphans-the-worlds-most-vulnerable-children/#comments Tue, 07 Apr 2015 13:58:49 +0000 http://lawstreetmedia.wpengine.com/?p=35294

With over 153 million orphans across the globe, find out what Worldwide Orphans is doing to transform their lives.

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According to UNICEF, there are 153 million children across the globe who are defined as orphans. These children, and others, are at risk for poverty, health concerns, neglect, and abuse. They are the world’s orphans. Read on to learn about how children can become orphans, what it means to be an orphan, and how underlying social problems lead to children being orphaned.


No Easy Definition

The definition of an orphan is not just a child who has lost both parents–instead, many international bodies recognize as orphans children who have lost one or both parents. Moreover, orphans aren’t necessarily children who are in need of homes. Many orphans live with grandparents, aunts or uncles, or other family members.

The expansive definition was created out of a desire to recognize that a child who does not have one or both parents may be vulnerable in some way, whether that is a lack of support, resources, or opportunity. The United Nations Children’s Fund (UNICEF) explains the move to the broader definition of orphan as follows:

This definition contrasts with concepts of orphan in many industrialized countries, where a child must have lost both parents to qualify as an orphan. UNICEF and numerous international organizations adopted the broader definition of orphan in the mid-1990s as the AIDS pandemic began leading to the death of millions of parents worldwide, leaving an ever increasing number of children growing up without one or more parents. So the terminology of a ‘single orphan’ – the loss of one parent – and a ‘double orphan’ – the loss of both parents – was born to convey this growing crisis.

There are also many children whose parents may be alive, but live far away or are otherwise unable to care for their children. Overall, the global definition of orphan as followed by many aid and advocacy organizations focuses on aiding children who lack in support, protection, and/or caregiving.

 


How do children become orphaned?

There are countless ways that children can lose one or both parents, or be put in a position where they don’t have support. It’s almost impossible to make a full list, but some of the most pressing and prevalent include children in refugee camps from war and conflict, poverty or abandonment, family turmoil, or social isolation. Each of these problems comes with its own challenges and requires unique resources and approaches, and many orphans can face more than one of these challenges.

Refugee Camps, War, and Conflict

There are a few different ways that children can end up in refugee camps. The two most common are natural disasters and conflicts that force children and families from their homes. Often those disasters or conflicts kill one or both of a child’s parents, or leads to the child being separated from them. Internationally, according to the United Nations High Commissioner for Refugees (UNHCR), approximately half of the world’s refugees in 2013 were under the age of 18. That proportion is borne out by statistics of people living in refugee camps, as children also amount to half of the overall refugee population in camp-type accommodations.

Children in refugee camps face unique challenges. Malnutrition is prevalent in refugee camps, particularly among very young children. The Centers for Disease Control (CDC) found that in South Sudanese refugee camps in Ethiopia, malnutrition rates for children under the age of five ranged from approximately 25-30 percent.

Refugee camps are also fertile ground for preventable diseases, both because of the crowding that occurs at camps, as well as a lack of access to hygiene materials or proper sanitation. Take the camps set up in Syria in light of the recent civil conflict there, for example. Those Syrian camps are seeing cases of measles and even polio.

Refugee camps create an obviously unusual environment for a child to grow up in. Institutions that provide support and education for children, such as schools, are not necessarily found in refugee camps. For refugees who are constantly on the move, children may not have the ability to work with one school or one teacher consistently enough to build strong educational skills, and schools may be open only once a week for certain age groups.

Children who are refugees, whether in camps or in less structured situations, also have to become the breadwinners for themselves, and possibly for younger children in their families as well. This leads to an influx of child labor. In Syria, UNICEF estimates that one in ten of the refugee children there are engaging in labor in an attempt to support themselves.

While there are many difficulties that children, particularly those who have lost one or both parents, in refugee camps have to contend with, these are some of the most prevalent.

Poverty

Many children who are at risk and are considered “orphans” grow up under conditions of extreme poverty. Poverty is often cyclical–a child born into poverty may lose his parent to illness or a number of other causes. Then, he doesn’t have the resources to provide for himself and will likely fall victim to malnutrition and illness, and will not be able to pursue an education. Subsequent children are then born into poverty as well, and the cycle continues.

Poverty can also lead to “social orphans.” Those are children who haven’t necessarily lost one or both parents, but whose parents can’t take care of them. According to Worldwide Orphans CEO & President Dr. Jane Aronson, children in institutions such as orphanages in Bulgaria are mostly those who do have surviving parents; only two percent are “full orphans”–meaning both parents are deceased. It’s difficult to estimate how many children are social orphans, but in some nations the problem is clearly profound. For example, UNICEF estimates that 70 percent of Moldova’s children in residential care are social orphans.

HIV/AIDS Crisis

With the rise of the HIV/AIDs crisis, more and more children are orphaned every day. In addition, many children who become orphans because of HIV/AIDS are stigmatized in their communities because they may also suffer from the disease. According to UNICEF, 17.9 million children have become orphans because one or both parents died from AIDS. Most are located in Africa, although there are other nations worldwide that have been hit particularly hard by the AIDS crisis.

Children whose parents have HIV/AIDS may be affected well before their parent passes away, as the sickness may make it difficult to adequately carry out caregiving responsibilities. A situation like this can lead to children becoming the de facto head of their household, dropping out of school, and engaging in labor that could become risky–such as commercial agriculture or sex work.

Studies have shown that children whose parents die of HIV/AIDS suffer higher rates of psychological stress than children who are orphaned in other situations. A Swedish study from Lund University conducted in rural Uganda found that “12 percent of children orphaned by AIDS affirmed that they wished they were dead, compared to three percent of other children interviewed.”

Part of this stress may come from the fact that in many places, HIV/AIDS is still deeply feared and stigmatized. Children whose parents have died of HIV/AIDS may be turned away from schools or other public places out of fear that they also have the disease, and a fundamental misunderstanding of how HIV/AIDS is spread.

In addition, children who have HIV/AIDS are victims of discrimination and abandonment as well, leading to orphan status. Dr. Aronson explains the challenges that children with HIV/AIDS face in nations such as Ethiopia:

The task of reuniting orphans living with HIV with their family was daunting from so many angles. These children were abandoned because of their HIV status and to have their families take them back into their hearts is a gargantuan achievement. Learning a new way of thinking is one of the hardest challenges for all human beings… and this step is breathtaking. Just go back to the 1980s and 90s in the U.S. when Ryan White, an American boy with HIV, wasn’t allowed to go to school; when hospital staff donned spacesuits to serve meals to patients with HIV; and when people feared friends with HIV/AIDS. And finally all over the world, disclosure of HIV status takes years of hard work and rarely seems to occur.


What issues do orphans face?

When children are vulnerable, there are many concerning fates that can befall them. The most prevalent include conscription into forces as child soldiers, child trafficking, child prostitution, and early marriage. These challenges are not mutually exclusive, and in some cases more than one can be present in a vulnerable child’s life.

Child Soldiers

UNICEF estimates that 300,000 children are involved in armed conflict worldwide. These include children who are involved with both state and non-state actors. A child soldier is defined by the organization Plan as “anyone under the age of 18 who is part of any kind of regular or irregular armed force or armed group in any capacity.” Children don’t just act as combatants, but also provide support to armies or groups as messengers, through work in camps, or they are used for forced sexual services. There are a number of reasons why children may take on these roles; they may be forcibly recruited or join because of poverty or abuse. They may turn to the armed group as a way to provide an income or because of societal pressures. Children in vulnerable situations–including those who are without their families or homes–are more likely to become child combatants.

Child Trafficking and Child Prostitution 

Vulnerable children may fall victim to human trafficking. Human trafficking is defined by the United Nations Office on Drugs and Crime (UNODC) as “the recruitment, transport, transfer, harbouring or receipt of a person by such means as threat or use of force or other forms of coercion, of abduction, of fraud or deception for the purpose of exploitation.” According to a 2014 UNODC report, children now make up one third of all trafficking victims worldwide. Those numbers do vary by region: in Africa and the Middle East children make up 62 percent of trafficking victims; in the Americas they account for 31 percent; in South Asia, East Asia, and the Pacific children are 36 percent of trafficking victims; and in Europe and Central Asia they are 18 percent of those trafficked. The most common reasons why children may be trafficked include sexual exploitation, forced labor, warfare, and organ removal.

Child prostitution can occur after a child is trafficked, or in a child’s home country, and it is defined by the United Nations Office of the High Commissioner for Human Rights (UNHCR) as “the use of a child in sexual activities for remuneration or any other form of consideration.” The exact number of children who have been sexually exploited is difficult to quantify, but UNICEF puts the number at approximately two million.

Child Marriage

Another concern for vulnerable children, particularly young girls, is the risk of early marriage, which can include when a child is forced to marry before the age of 18, or when she is cohabiting, but not necessarily married, before that age. According to UNICEF, one in four women between the ages of 20-24 was married before she was 18. The highest rates are in South Asia, where UNICEF reports that nearly 50 percent of all women were married before the age of 18, and more than 15 percent were married before 15. This issue doesn’t just affect girls, however. Certain nations see a high rate of child marriage for boys as well–in the Central African Republic 28 percent of men ages 20-24 were married before 18. Madagascar, Laos, Honduras, Nauru, the Marshall Islands, Nepal, and Comoros also all see rates of child marriage for young boys above ten percent.


Conclusion

The status of orphans across the world is caused by a daunting mix of many endemic issues–war, natural disasters, abandonment, poverty, disease, and social stigma, among many others. Given that even the definition of an “orphan” is difficult to pinpoint, it’s clear that no two orphaned children’s stories could ever be the same. That being said, one goal rings true for all those trying to help these vulnerable children–the ability to provide them with support, education, love, and protection.


Resources

Primary

WWO: Dr. Aronson’s Journals

WWO: Our Mission

UNICEF: Orphans

UNHCR: Statistical Yearbook 2013: Demographic and Location Data

UNHCR: Are Refugee Camps Good for Children? 

UNICEF: Factsheet: Child Soldiers

UNODC: Human Trafficking FAQs

UNODC: 2014 Global Report on Trafficking in Persons

UNICEF: Child Marriage

Additional

Huffington Post: Reunifying Ethiopian HIV Orphans with Extended Family

SOS Children’s Villages: Children’s Statistics

World Vision: War in Syria, Children, and the Refugee Crisis

Telegraph: Thousands of Syrian Children Left to Survive Alone, Says UN

RNW: Orphaned by Poverty, But Not Orphans

AVERT: Children Orphaned by HIV and AIDS

Worldwide Orphans
Worldwide Orphans is dedicated to transforming the lives of orphaned children to help them become healthy, independent, productive members of their communities and the world, by addressing their physical and mental health, education, and ability to achieve. WWO was founded in 1997 by Dr. Jane Aronson, who has dedicated her life to working with children. Worldwide Orphans is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

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Prostitution: Should it be Legalized or Criminalized? https://legacy.lawstreetmedia.com/issues/law-and-politics/prostitution-legalized-criminalized/ https://legacy.lawstreetmedia.com/issues/law-and-politics/prostitution-legalized-criminalized/#comments Wed, 25 Feb 2015 21:29:52 +0000 http://lawstreetmedia.wpengine.com/?p=34925

Will the U.S. move towards decriminalization or legalization of prostitution?

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Image courtesy of [Steve Parker via Flickr]

Attitudes toward prostitution in the United States have long been based on the Judeo-Christian tradition arguing that selling sex is immoral; however, global trends arguing for sexual self-determination and changing attitudes toward the sex industry have become more popular. The United Nations Secretary General has even called for the decriminalization of sex work. These changes pose the question: how should the United States address the issue of prostitution?

The U.S. still criminalizes sex work, but the urgency of making changes in this sphere is evident in the growing sex worker rights movement that strives to define the legal status and rights of prostitutes. Read on to learn more about different models of regulating prostitution, and the arguments for and against them.


What are the real numbers behind prostitution?

Prostitution is “the act of offering one’s self for hire to engage in sexual relations.” In other words, it’s an exchange of a sexual act for money.

It’s hard to determine the real numbers behind prostitution due to the fact that sex work is criminalized in the United States. As most of the actors involved in this business operate underground, statistics are rather scarce. Some estimates of the current number of prostitutes range from 230,000 to 350,000, but others put the number closer to one million.

Prostitutes come from a variety of backgrounds. Indisputably, there are those who come from marginalized and impoverished environments, were sexually abused, homeless, poorly educated, or drug addicted. In addition, some women and men are coerced or trafficked into prostitution. Every year thousands of people are trafficked for the purposes of exploitation, including sexual exploitation. However, this doesn’t mean that all prostitutes are forced or trafficked. There are also those who chose to become involved in sex work of their own volition. These people can have different motivations to enter the sex industry, citing high earnings, flexible work hours, or genuine passion for this line of work.


Should prostitution be decriminalized, legalized, or none of the above?

Generally, you hear about three distinct approaches to prostitution: criminalization, decriminalization, and legalization. All of them are rooted in different ideological perspectives and include diverse goals and contrasting methods of achieving their desired objectives. Watch the video below to learn more about the ongoing debate over prostitution.

Criminalization

Prostitution is criminalized in most parts of the United States. Proponents of this view often believe that prostitution is immoral, and therefore label it as a criminal behavior. In their view, prostitution endangers marriages and is simply wrong. Prostitutes are viewed as criminals who behave illegally. The rhetoric of those who support criminalization is often centered on the notion that such alternatives as legalization will have devastating consequences on the American morale.

The supporters of criminalization also connect legal prostitution with increased sex trafficking, the spread of STDs, and a greater number of children being coerced into the sex industry. Watch the video below to learn more about Catharine MacKinnon’s arguments against the legalization of prostitution and its connection with human trafficking.

Decriminalization

Decriminalization means the removal of certain criminal laws related to the operation of the sex industry. When prostitution is decriminalized, consensual adult sexual activity in a commercial setting is no longer viewed as a crime. Decriminalization can be considered a half step toward legalization as individuals engaged in the business can be required to obtain a special permit or be subjected to penalties. Essentially, if a person is caught in the act, his punishment will be no more than a fine, something along the lines of speeding or a parking ticket.

At the same time, decriminalization doesn’t legalize sex work, but does instruct law enforcement to give low priority to prostitution cases. This approach intends to use the already existing legal mechanisms to support the health and safety of prostitutes. Many advocates of decriminalization cite labor and anti-discrimination laws as arguments to grant prostitutes certain rights, including freedom of choice and self-regulation.

Decriminalized systems often still impose criminal penalties for all other actors involved in the business, including clients and pimps. This perspective is rooted in the abolitionist movement that historically rescued women from prostitution and trained them for alternative careers. In this view, prostitutes are victims of male exploitation and supporters of this approach often consider prostitution demeaning to women.

The ultimate goal of decriminalization is to uproot the profession by targeting those who purchase sex in the first place. It’s believed that by eradicating the demand, the supply will subside on its own. The advocates of this form of decriminalization usually strongly oppose legalization that will make the sex business flourish instead of extinguishing the industry.

The Swedish Model

The Swedish model is the most influential decriminalization example. Since 1999, buying sex in Sweden is a criminal offense punishable by fines or up to six months imprisonment. Contrarily, selling of sexual services is not a criminal offense, meaning that prostitutes are not subjected to criminal law proceedings. The law is popular in Sweden–80 percent of the Swedish population supports the initiative, but many are still skeptical of its effectiveness.

The Swedish model was also adopted in Norway and Iceland. In 2014, Canada moved to this model of controlling public solicitation of prostitution and restricting demand on sexual services. In addition, similar decriminalization models were adopted in Nepal, India, American Samoa, Bhutan, Cambodia, China, Fiji, Guam, Republic of Korea, Palau, and Taiwan.

What are the arguments in favor of decriminalization?

Decriminalization of prostitution can arguably decrease violence against prostitutes. A study in San Francisco found that 82 percent of prostitutes have been assaulted and 68 percent were raped during their time working in the sex industry. Another study in Colorado Springs found that prostitutes were 18 times more likely to be murdered than non-prostitute women of their demographic. If sex work is criminalized, prostitutes are reluctant to ask for help or go to the police if victimized. If decriminalized, prostitutes and law enforcement will have an avenue for communication, and if a prostitute is victimized she can report the crime to the police without the fear of being charged and detained for prostitution.

Decriminalization can also benefit the investigation of sex trafficking cases as prostitutes can aid law enforcement with information from the inside. In addition, law enforcement can save valuable resources as police departments won’t need to deal with as many prostitution cases. In 2011, Texas alone spent $8 million on prison expenses related to prostitution. Decriminalization won’t eliminate the financial burden completely as pimps and johns are often criminalized in those countries who adhere to decriminalization model, but it can decrease expenses overall and re-direct resources towards other crimes.

What are the arguments against decriminalization?

Criminalization of sexual services for clients, and not for prostitutes, can be challenging as both those who purchase and provide sexual services are unlikely to admit to the transaction. Clients will be reluctant to do so due to the existing criminal laws, while prostitutes can lose their income and clientele if they aid law enforcement. In fact, several independent studies have shown that current laws have pushed some Swedish prostitutes underground, resulting in an increased danger of victimization.

Those who oppose the Swedish approach to prostitution are also concerned with its unintended consequences of stigmatization and marginalization of those who enter the sex industry of their own volition. The Swedish model doesn’t acknowledge that prostitutes can choose this occupation out of their free will, but view all prostitutes as passive victims of violence and abuse.

Overall, there isn’t much evidence that this approach improves the quality of work and life of sex workers, or decreases HIV or STD transmissions. Even through the Swedish model is popular around the world, both the Swedish and the international experiences don’t provide enough indications of decline in prostitution.

Legalization

Legalization usually involves a system of laws and government regulations that define the operation of the sex industry. Such a system can be highly regulated or merely define the legal conditions under which prostitutes can operate. Legalization is often accompanied by strict criminal penalties for those who operate outside the established framework. Prostitutes are often required to pay special taxes, can work only in specified zones, and to register with the government. In addition, prostitutes are often obligated to regularly undergo health checks, and to obtain special licenses to legally operate as a sex workers. Thus, the legalization of prostitution seeks to control, regulate, and define the rules of the sex industry.

The legalization model emphasizes freedom of personal choice and regards prostitution as a form of work. The supporters of this approach maintain the belief that sexual relations between two consenting adults should’t be criminalized as those who engage in this type of relations do so voluntarily. This rhetoric is centered on the notion that people are free to choose what to do with their bodies and, therefore, entering into contracts to provide sexual services is their right that shouldn’t be undermined by the views of those who don’t agree with their decision. At the same time, advocates for legalization acknowledge that people can be forced or coerced into prostitution. They also acknowledge the existence of trafficking and exploitation, but don’t believe that all women are victims, and that prostitution automatically leads to violence.

European Experiences

The Netherlands and Germany are, probably, the most prominent examples of legalization. The Netherlands legalized prostitution in 2000, and it’s now regulated by the country’s labor laws. Germany followed in 2002 by providing prostitutes with legal protections and social insurance. In both countries the sex industry boomed, resulting in increased numbers of legal brothels and prostitutes, but also prompted concerns over increased cases of human trafficking.

Nevada’s Legal Brothels

The state of Nevada has a long history of regulating prostitution in some counties, starting in  1937 when a law was enacted to require weekly health checks for all prostitutes. In 1971, Nevada began taxing brothels, thus legalizing the sex industry in rural counties of the state. As of now, there are around 500 prostitutes who are working in 30 brothels. A recent study found that 84 percent of the surveyed prostitutes in Nevada felt safe working in the legal brothels, and were not trafficked or coerced into prostitution. Contrary to the European countries that have legalized prostitution, Nevada’s sex workers are considered independent contractors. Consequently, they don’t receive unemployment, retirement, or healthcare benefits.

What are the arguments for legalization?

All arguments cited earlier in support of the decriminalization model, such as decreased violence, better cooperation with police, and re-direction of valuable law enforcement resources, can be relevant when taking about legalization, as well.

The advocates for legalization argue that such a model of regulating prostitution can provide even more safety for prostitutes. Legal brothels are often closely observed and monitored by the law enforcement agencies to ensure compliance with safety regulations and to prevent sex trafficking cases. Legalization can also completely eliminate  the financial burden from police departments as there will be no prostitution cases to pursue. It’s estimated that in 2010, California alone arrested 11,334 people for prostitution. In Texas, an average of 350 prostitutes are sentenced to serve time in state prisons yearly. Proponents argue that legalization can decrease the prison population and save state resources that otherwise would be used to investigate, prosecute, sentence, and house those who are charged with this “victimless” crime.

In addition, legalization advocates argue that condom requirements and mandatory HIV and STD testing can reduce health risks for prostitutes and clients alike. If sex work is criminalized, fewer prostitutes will have access to testing services and fewer of them will practice safe sex. It was found that in the United States only three to five percent of STDs can be attributed to prostitution, supporting the argument that prostitutes are not vehicles of HIV and STD transmissions. The number of prostitutes infected with STDs in New Zealand and New South Wales, where prostitution is legalized, is very low or non-existent. In Nevada, there were no registered cases of HIV among legal sex workers. Watch the video below to learn more about Nevada’s health regulations and condom requirements for legal prostitutes.

Another argument is the revenue that legalized prostitution can bring in the form of income taxes. According to some estimates based on the current income of Nevada’s legal prostitutes, legalization can generate $20,000 in federal income taxes per person per year. Not only could this money be used to provide more social and health services for prostitutes, but could be spent on other governmental needs as well.

Perhaps the biggest and the most controversial argument in support of legalization of prostitution is the extension of labor rights and other occupational benefits to prostitutes. If prostitution is treated as any other profession, legal sex workers can be entitled to minimum wage, freedom from discrimination, and safe work environments. They can claim benefits, form or join unions, and get access to medical insurance and pension plans.

Lastly, supporters of legalization believe that prostitution is no different than pornography, lap-dancing, tobacco, alcohol, and gambling, which are all legal in the United States.

What are the arguments against legalization?

The most common argument against legalization of prostitution is its close connection with human trafficking and organized crime. The Netherlands’ legalization of sex work is cited as an example of a failing experiment as Amsterdam became a hub for traffickers and organized crime groups. The Dutch Justice Ministry closed over 320 prostitution windows as a part of the initiative to curb violence against migrant women, who are often forced by traffickers and pimps to work as window prostitutes in the city’s Red Light District.

The increase in child sexual exploitation is another point of concern for those who advocate against the legalization of prostitution. The adult sex industry is viewed as perpetuating the recruitment of children as sex workers, who also could be trafficked and coerced into sexual exploitation.

Prostitution is also thought to increase crime rates as it is a magnet for ancillary crimes, including drug, sex, and violent crimes. In this view, with any form of legalization those crimes can only increase as pimps and traffickers would have more legal avenues to conduct their illicit businesses.

Together with increased crime rates and  human trafficking, legalization can give more power to pimps as they are transformed into businessmen. According to this assumption, working in legal brothels can increase the likelihood of victimization as women spend their time in closed spaces and have fewer resources to ask for help or seek protection against abuse. Prostitutes in one of Nevada’s brothels compared their working conditions to a prison environment as most of the time they were locked inside their rooms waiting for clients and could leave the premises only with their male pimps.

Those who oppose legalization of prostitution also state that prostitutes will continue to spread diseases, even if their services are legalized. As it can take up to two weeks to process STD tests, sex workers can continue to infect their clients, prompting the spread of infections and STDs, regardless of their legal status.


Conclusion

How to deal with prostitution is an endless topic of debate. As decriminalization has its benefits and pitfalls, so does legalization. Even though each model has a different set of goals, both converge on the opinion that prostitutes shouldn’t be criminalized. The United States needs to start participating in the international discussions and may soon consider an alternative to the outdated criminalization model.


 Resources

Primary

UNODC: Human Trafficking

Additional

RNW: FAQ – Prostitution in the Netherlands

Alternet: Should Prostitution be Legalized?

Business Insider: Everything You Ever Wanted to Know About Prostitution in Nevada

Business Insider: Seven Reasons Why America Should Legalize Prostitution

California State University Northridge: Should Contractual Sex Be Legalized?

CBS News: Prostitution Laws: Europeans Debate Whether Criminalization or Legalization Works Better

Difference Between Net: Difference Between Legalization and Decriminalization

Digital Journal: Amsterdam Courts Ready to Clean Up Red Light District

The New York Times: Labour Laws, Not Criminal Laws, Are the Solution to Prostitution

The New York Times: Legalizing Prostitution Leads to More Trafficking

The New York Times: Nevada’s Legal Brothels Make Workers Feel Safer

The New York Times: Nevada’s Legal Brothels are Coercive, too

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Valeriya Metla
Valeriya Metla is a young professional, passionate about international relations, immigration issues, and social and criminal justice. She holds two Bachelor Degrees in regional studies and international criminal justice. Contact Valeriya at staff@LawStreetMedia.com.

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